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Act No. 15 Of 2008

Original Language Title: Undang-Undang Nomor 15 Tahun 2008

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s;
4. Actions of search and seizure;
5. Actions of inquiry over an object and place;
6. The submission of original documents or legalized copies, notes, and evidence items;
., 7. identification or tracing of property of objects obtained from felon and objects used to commit felon;
., 8. blocking and forfeiture of property treasures that can be confiscated or usured;
9. appropriation and return of property of the proceeds of the criminal proceeds;
10. Search and identification of witnesses and suspects; and
.,, 11. Other assistance granted agreed in accordance with the purposes of this agreement and the provisions of the Law and the Laws of the Requested Party.
., b. Each country is required to designate a central authority (central authority) as one of the efforts of simplification the process of submitting a request for assistance from a country to another, and delivered at the time of the submission of the instrument. Ratification.
., c. Each country may present a person or a prisoner to provide testimony or assist with the inquiry, prosecution, and proceedings in the State of the Loving state.
., c. Each country is obliged to comply with its national law seeking to know a person's existence or identity and to deliver documents or data related to a criminal act in the State of Diminta at the request of the State of Love.
., d. Every country is obliged to comply with its national law seeking to know the existence, find, block, freeze, seize, or seize property that comes from the criminal acts and tools used to perform. A felony.

II. SECTION BY SECTION

Section 1
.,, pretty clear.

Section 2
.,, pretty clear.
., d. that the Government of Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, and Vietnam agreed to increase the effectiveness of law enforcement agencies of the parties in the prevention, investigation, prosecution, and associated with the treatment of criminal cases through cooperation and reciprocity assistance in criminal matters, by signing Treaty on Mutual Legal Assistance in Criminal Matters (Agreement on the Help of Mutual Criminal Issues) on the 29th November 2004 in Kuala Lumpur, Malaysia;
., e. that based on consideration as in letter a, the letter b, the letter c, and the letter d need to pass the Treaty on Mutual Legal Assistance in Criminal Matters (Agreement on Severity Assistance in Criminal Issues) with Undang-Undang;

.,, Given: 1. Section 5 of the paragraph (1), Article 11, and Article 20 of the Basic Law of the State of the Republic of Indonesia in 1945;
., 2. Act No. 37 of 1999 on Foreign Relations (Sheet State Republic Of Indonesia In 1999 Number 156, Additional Sheet Of State Republic Of Indonesia Number 3882); The Article Below Is The Article Of The State Of Indonesia In 1999.
., 3. Act No. 24 Year 2000 on the International Covenant (State of the Republic of Indonesia 2000 Number 185, Additional Gazette of the Republic of Indonesia No. 4012);
., 4. Act No. 1 of 2006 on the Help of Timbal Behind in Criminal Issues (State Sheet of Indonesia Year 2006 Number 18, Additional Gazette Republic of Indonesia Number 4607);

With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDED:

.,, SET: LEGISLATION ON THE ATTESTATION OF TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (AGREEMENT ON MUTUAL AID IN CRIMINAL MATTERS).

Section 1
Ratify the Treaty on Mutual Legal Assistance in Criminal Matters (Agreement on the Help of the Timbal Behind in Criminal Issues) signed on 29 November 2004 in Kuala Lumpur, Malaysia, which copies of the original manuscript in English and its translation in Indonesian as attached and is an inseparable part of this Act.

Section 2
This Act goes into effect on the promulgable date.

In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on April 30, 2008
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on April 30, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

ANDI MATTALATTA

ADDITIONAL
STATE SHEET RI
No. 4847 (Explanation Of 2008 State Sheet Number 62)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 15 YEAR 2008
ABOUT
RATIFICATION OF TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
(AGREEMENT ON RECIPROCITY ASSISTANCE IN CRIMINAL MATTERS)

I. UMUM

.,, the State of the Republic of Indonesia is a legal state based on Pancasila and the Basic Law of the Republic of Indonesia in 1945 guarantees certainty, order, and protection of laws that are intruded to justice and truth. The development of national law is directed at the establishment of a national legal system that supports the common duties of national governance and development, including the establishment of free-free foreign politics to realize the world order of the world. Freedom, eternal peace, and social justice.
.,, the development of science and technology especially the development of transportation, communication, and information has resulted in one country with another country as if it were without a limit so that the displacement of people and goods from one country to the country Another is done easily and quickly. On the other hand it results in increasing transnational criminal activity with increasingly sophisticated modus operandi. Therefore, in order to facilitate the prevention and handling of the criminal justice process, the need for cooperation between countries is more effective.
., to increase the effectiveness of law enforcement agencies to prevent and eradicate transnational criminal acts, the Government of Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, and Vietnam agreeing to hold cooperation. help of reciprocity laws in criminal matters by forming the Treaty on Mutual Legal Assistance in Criminal Matters (Agreement on the Help of the Timbal Behind in Criminal Issues) signed on November 29, 2004 in Kuala Lumpur, Malaysia.
.,, the Agreement becomes a legal basis for the Parties to provide reciprocity assistance in criminal matters as long as possible that includes the investigation, prosecution, and the criminal justice process.
.,, the Agreement on the Mutual Assistance in this Criminal Problem, among others contains several things as follows:
a. The help scope that can be provided under this Agreement includes:
., 1. the retrieval of evidence or statements of a person;
., 2. The setting so that one can provide proof or assist in the criminal proceedings process;
3. Delivery of documents related to the judicial proces